06-06-2016 proposed amendments to BOS Bylaws-Code of EthicsPUBLIC HEARING NOTICE
The Board of Supervisors of Pittsylvania County, Virginia, will hold a public hearing on
Monday, June 6, 2016, at 7:00 p. m., in the General District Courtroom, located on the second
floor of the Edwin R. Shields Courthouse Addition in Chatham, Virginia, to receive citizen input
on the proposed amendment to the Board of Supervisors' Bylaws /Code of Ethics. A full text
concerning this public hearing is available in Pittsylvania County Administrator's Office, 1
Center Street, Chatham, Virginia, Monday through Friday, from 8:00 a.m. to 5:00 p.m. for public
viewing, and on the County's website at www.pittsylvaniacountyva.gov.
BY -LAWS, RULES OF PROCEDURE, AND STANDARDS OF CONDUCT
OF THE BOARD OF SUPERVISORS OF
PITTSYLVANIA COUNTY, VIRGINIA
(B.S.M. 2/02/04, 4/15/089 2/02/095 2/01/105 4/20/109 9/20/11, 6/19/12, 2/4/1317/01/13, 10/06/14,
11/03/14)
PURPOSE:
To establish and set forth certain rules to provide for the orderly conduct of County business, to
prescribe the manner and procedure by which the Board of Supervisors shall conduct matters of
business, and to provide for the efficient handling thereof.
GENERAL:
The term "Board of Supervisors" shall also be understood to mean "the Board" wherein it
appears.
ARTICLE I. Election, Composition, and Function of the Board.
L L The Board shall be composed of seven (7) members who shall be elected by the qualified
voters of the County; one (1) member shall be elected from each of the seven (7) election
districts. Pursuant to § 24.2 -219 of the Code of Virginia, 1950, as amended, beginning with the
November 2015 General Election, the Pittsylvania County Board of Supervisors shall be elected
to staggered terms as follows: the voters in the Banister, Callands- Gretna, and Dan River
Election Districts shall elect a member of the Board of Supervisors for a two -year term, and the
voters in the Chatham - Blairs, Staunton River, Tunstall, and Westover Election Districts shall
elect a member of the Board of Supervisors for a four -year term. At the November 2017 General
Election, the voters in the three (3) Election Districts in which a Supervisor was elected for a two
-year tern shall elect a Supervisor for a four -year term, and thereafter elections for all
Supervisors will be held on a biennial basis for four -year terms.
1.2. At the first regular meeting of the Board in January each year, there shall be elected a
chairman to serve for a period of one (1) year expiring on December 31st, or until replaced by
the Board membership. The County Administrator, serving as temporary Chairman, shall take
nominations. Nominations require a second, and the vote will be taken in the order the
nominations are made. A majority vote is required; a majority shall mean four (4) votes. It shall
be the Chairman's duty to preside at all Board meetings, to maintain the orderly conduct thereof,
and rule on all matters of parliamentary procedure. He shall sign all voucher warrants of the
County; and when the Board is not in session, he shall provide policy guidance to the County
Administrator and the County Attorney. The Chairman shall continue to be a voting member of
the Board.
1.3.
The Board shall also elect
a Vice - Chairman to serve a concurrent term with
the
Chairman.
In
absence or incapacity of the
Chairman, the Vice - Chairman shall assume all
the
duties and
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functions of the Chairman. In the case where the Chairman and Vice Chairman are absent from a
meeting, the members present shall choose one of their number as temporary Chairman.
1.4. The Board shall have both administrative and legislative responsibilities, some of which
shall be discharged in their role as governing body and some of which they derive as an
administrative political subdivision of the Commonwealth. The powers and duties of the Board
shall include, but not be limited to, the following: preparation and adoption of the County
Budget, levying of taxes, appropriating funds, constructing and maintaining County buildings,
making and enforcing ordinances, providing for the general health safety and welfare of the
public, and generally exercising all other powers and functions normally attributed to
government and permitted by the Laws of the Commonwealth.
ARTICLE Il, Meetings.
2.1. The Board shall meet regularly on the first Monday and the third Tuesday of each month at
7:00 p.m. for the purpose of discharging their administrative and legislative responsibilities.
2.2. All such meetings shall be open to the public and shall be conducted in an orderly fashion
with "Robert's Rules of Order" modified by State Law, being used as the parliamentary
procedure.
2.3. The Sheriff of the County or his designee shall act as "Sergeant of Arms" at all meetings of
the Board and shall, when so directed by the Chairman, expel any person or persons from such
meetings.
2.4.
For the purpose of address and order,
the Board and its staff shall
sit in front of the "public
rail"
in the Courtroom and all other persons
shall sit behind the "public
rail ".
2.5. Agendas shall be prepared by the Board's staff and used at all meetings. All items requested
to be placed on the agenda shall be submitted in writing to the County Administrator five (5)
working days before the meeting; however, members of the Board of Supervisors may make oral
requests. Any items received after that time shall appear on the next regular meeting agenda
unless all members of the Board are present and by a unanimous vote to place such items upon
the agenda.
2.6. The order of business at all regular meetings of the Board shall be as follows. No additional
items of business shall be considered after the agenda is approved.
Call to Order
Moment of Silence and/or Silent Prayer
Roll Call
Pledge of Allegiance
Items to be Added to the Agenda
Approval of Agenda
Consent Agenda
Public Hearing (if any)
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Presentations/Recognitions
Hearing of Citizens
Unfinished Business
New Business
Appointments
Reports from Board Members
Reports from Officers and Committees
Reports from County Attorney
Reports from County Administrator
Closed Meeting (if needed)
Adjournment
2.7. All
presentations to the
Board shall normally be limited to no more than ten
(10) minutes,
except as
herein provided.
2.8. Public hearings shall be conducted as follows and any person wishing to address the Board
shall do so in this manner:
Each person addressing the Board shall step up, give his/her name and district in an audible tone
of voice for the record, and unless further time is granted by the Chairman, shall limit his/her
address to three (3) minutes; speakers for a group shall be limited to ten (10) minutes. Speakers
shall conclude their remarks at that time unless the consent of the Board is affirmatively given to
extend the speakers allotted time. No person shall be permitted to address the Board more than
once on the same subject in any one (1) meeting, but may also address the Board once on more
than one (1) subject. All remarks shall be addressed to the Board as a body and not to any
individual member thereof. No person, other than the Board and the person having the floor,
shall be permitted to enter into any discussion, either directly or indirectly or through a member
of the Board, without first being recognized by the Chairman. No question shall be asked a
Board member except through the Chairman.
2.8.1. Hearing of Citizens shall be identified on the agenda of regular meetings of the Board of
Supervisors.
Each person addressing the Board shall be a resident or land owner of Pittsylvania County, or the
registered agent of such resident or land owner. Each person shall step up, give his/her name and
district in an audible tone of voice for the record, and unless further time is granted by the
Chairman, shall limit his/her address to three (3) minutes. Speakers shall conclude their remarks
at that time, unless the consent of the Board is affirmatively given to extend the speaker's allotted
time. All remarks shall be addressed to the Board as a body and not to any individual member
thereof. No person, other than the Board and the person having the floor, shall be permitted to
enter into any discussion, either directly or indirectly or through a member of the Board, without
first being recognized by the Chairman. No question shall be asked a Board member except
through the Chairman.
2.9. The Board may from time -to -time hold special, adjourned, and informational meetings in
accordance with the laws of the Commonwealth.
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2. 10. Each oral motion or resolution shall be taken down by the Deputy Clerk or Chairman and
read back to the whole Board by the Deputy Clerk or the Chairman before any vote is taken.
2.11. Matters presented by the Board are generally used for individual Board members to share
information with other members of the Board and the public. Prior to the agenda being prepared,
a member of the Board may contact the Clerk or Deputy Clerk and have an item included under
this heading. The County Administrator shall prepare an Executive summary which will inform
other members of the Board of the particulars pertaining to this item.
2.12. Closed Meetings of the Board shall be requested in the same manner as prescribed in
Section 2.5, or by a motion to suspend the rules carried by a majority of the Board; provided all
Board members are present.
2.13. Quorum and Method of Voting
At any meeting a majority of the supervisors shall constitute a quorum. All questions submitted
to the Board for decision shall be determined by a viva voce vote of a majority of the supervisors
voting on any such question, unless otherwise provided by law. The name of each member
voting and how he or she voted must be recorded. The Board of Supervisors has elected not to
have a tie breaker as provided for by the Code of Virginia, and a tie vote on any motion shall be
considered defeated as provided for in Section 15.2 -1420 of the Code of Virginia, 1950, as
amended.
Each member present when a question is put shall vote "yes' or "no." No member shall be
excused from voting except on matters involving the consideration of his own official conduct or
where his own financial interests are involved or where he may have a conflict of interest,
pursuant to the Virginia State and Local Government Conflict of Interests Act (Title 2.2, Chapter
31 of the Code of Virginia, Section 2.2 -3100, 1950, as amended).
2.14. Procedure for Roll Call for Board Members
(1) The Members of the Board shall cast votes in district order on a rotating basis.
(2) The Chairman of the Board of Supervisors shall cast the last vote.
2.15. Remote Participation in Board Meeting
As authorized by § 2.2- 3708.1 of the Code of Virginia, 1950, as amended, the Board of
Supervisors of Pittsylvania County, Virginia, shall allow the participation of members of the
Board in a meeting through electronic communication means from a remote location that is not
open to the public subject to complying with all parts of the following written policy:
1. On or
before the
day of a meeting, the Supervisor shall notify the Board
Chairman that
the Supervisor is unable to
attend the meeting due to an emergency or a personal
matter and the
Supervisor shall
identify with specificity the nature of the emergency or personal
matter, or the
Supervisor shall
notify the
Board Chairman that the Supervisor is unable to attend
a meeting due
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to a temporary or permanent disability or other medical condition that prevents the Supervisor's
physical attendance. The Board shall record the specific nature of the emergency, personal
matter, or fact of temporary or permanent disability, and the remote location from which the
absent Supervisor participated in its minutes.
2. If the absent Supervisor's remote participation is disapproved because such
participation would violate the strict and uniform application of this written policy, such
disapproval shall be recorded in the Board's minutes.
3. Such participation by
the absent Supervisor shall
be limited in each
calendar year to
two (2) meetings, or 25 percent (25
%) of the meetings of the
Board, whichever is fewer.
4. A quorum of the Board shall be physically assembled at the primary or central meeting
location.
Article III. County Administrator.
3. 1. The Board may appoint a County Administrator who shall serve at the pleasure of the
Board. Once appointed, the County Administrator shall be the Chief Administrative Officer of
the County and shall perform his/her duties in accordance with the laws of the commonwealth
and the policies of the County as established by the Board in regular or special session for that
purpose. When the Board is not in session, the County Administrator shall receive guidance
concerning policy from the Chairman, and in his absence, the Vice - Chairman.
3.2. The County Administrator shall be in complete charge of personnel of the County and shall,
in accordance with established policy, hire and fire. Any action of the County Administrator
concerning dismissal of personnel is subject to review by the Board and can be reversed by a
two - thirds vote of the Board. Such review shall be limited to charges of discrimination and
failure to follow personnel policies on the part of the Administrator in the conduct of dismissal.
3.3. The County Administrator shall serve as the purchasing agent for the County as defined by
Chapter 26, Section 2, of the Pittsylvania County Code.
3.4. He shall have charge of the administration of the financial affairs of the County, and to that
end, shall have authority and be required to:
(a) Cooperate with the Board of Supervisors in compiling estimates for the current expense and
capital budgets.
(b) Supervise and control all encumbrances, expenditures, and disbursements to insure that
budget appropriations are not exceeded; and keep the Board of Supervisors advised as to the
financial needs of the County.
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5. The
Board shall make arrangements for the voice of the absent
Supervisor to be heard
by all
persons
in attendance at the primary or central meeting location.
Article III. County Administrator.
3. 1. The Board may appoint a County Administrator who shall serve at the pleasure of the
Board. Once appointed, the County Administrator shall be the Chief Administrative Officer of
the County and shall perform his/her duties in accordance with the laws of the commonwealth
and the policies of the County as established by the Board in regular or special session for that
purpose. When the Board is not in session, the County Administrator shall receive guidance
concerning policy from the Chairman, and in his absence, the Vice - Chairman.
3.2. The County Administrator shall be in complete charge of personnel of the County and shall,
in accordance with established policy, hire and fire. Any action of the County Administrator
concerning dismissal of personnel is subject to review by the Board and can be reversed by a
two - thirds vote of the Board. Such review shall be limited to charges of discrimination and
failure to follow personnel policies on the part of the Administrator in the conduct of dismissal.
3.3. The County Administrator shall serve as the purchasing agent for the County as defined by
Chapter 26, Section 2, of the Pittsylvania County Code.
3.4. He shall have charge of the administration of the financial affairs of the County, and to that
end, shall have authority and be required to:
(a) Cooperate with the Board of Supervisors in compiling estimates for the current expense and
capital budgets.
(b) Supervise and control all encumbrances, expenditures, and disbursements to insure that
budget appropriations are not exceeded; and keep the Board of Supervisors advised as to the
financial needs of the County.
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(c) Require at such intervals as he may deem expedient or as instructed by the Board of
Supervisors, report of receipts from each of the departments, boards, commissions, agencies, and
he may prescribe the times at, and the manner in which, money is received by them shall be paid
to the County Treasurer or deposited subject to modifications as prescribed and set forth in the
general laws of the Commonwealth of Virginia.
Examine all contracts, purchase orders, and other documents, which create financial obligations
against the County, and approve the same only upon ascertaining that money has been
appropriated and allotted therefore, subject, however, to the provision that the Board of
Supervisors may in its discretion and judgment, amend, modify, and alter this requirement to
meet a specific need or requirement of a particular piece of legislation approved by the Board of
Supervisors.
ARTICLE IV. Standing Committees.
4.1. The Standing Committees of the Board shall be as follows:
(a) Finance /Insurance: To aid and advise in the preparation on the County Budget and make
recommendations concerning Fiscal Policy.
(b) Personnel: To review policies and practices and make recommendations regarding the same.
(c) Property /Building: To view buildings and grounds and make recommendations regarding
the same.
(d) Legislative Committee: The Legislative Committee, in collaboration with the County
Attorney, shall review, propose changes, and maintain current revisions to the Bylaws, Rules of
Order and Standards of Conduct of the Pittsylvania County Board of Supervisors; review,
propose changes and maintain current revisions to the Pittsylvania County Board of Supervisors
Policies and Procedures Manual; and review, propose changes, set public hearings for any
proposed changes, and maintain current revisions to the Pittsylvania County Codes and
Compliances.
4.2. Membership to the above - committees shall be appointed by the Board Chairman from the
membership of the Board and may include citizen membership. Any appointment so made shall
be for a specific term of office as determined by the Chairman.
4.3. The Board may, from time -to -time, direct that the Chairman appoint committees for a
specific purpose with a limited duration.
4.4. The Chairman shall be authorized to temporarily participate, including voting, in any
committee of the Board of Supervisors for the purpose of creating a quorum and/or taking action.
ARTICLE V. Certain Ordinances and Resolutions to Lie Over.
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5. 1. No ordinance or resolution imposing taxes or appropriating money from general fund
balances, not included in the adopted budget, in excess of $5,000, shall be passed until after ten
(10) days from the introduction thereof. This shall not restrict the appropriation of State,
Federal, or other funds not in the current General Fund balances.
ARTICLE VI. Recordation of Ordinances and Resolutions.
6.1.
Every
resolution upon
its final passage shall be recorded in a book
kept for that purpose,
and
shall be
authenticated by
the signature of the presiding officer and the
County Administrator.
6.2. Every resolution shall be authenticated and recorded in the same manner as in 7.1- above.
6.3. Every motion appropriating funds or adopting an ordinance shall be by roll call vote.
6.4. Every ordinance passed by the Board of Supervisors shall be incorporated into the
Pittsylvania County Code.
ARTICLE VII. Standards of Conduct.
Preamble
The citizens and businesses of Pittsylvania County, Virginia, are entitled to have fair, ethical, and
accountable local government, which has earned the public's full confidence for integrity. The
effective functioning of democratic government requires that public officials, both elected and
appointed, comply with both the letter and spirit of the laws and policies affecting the operations
of government; that public officials be independent, impartial, and fair in their judgment and
actions; that public office be used for the public good, not for personal gain; and that public
deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of
respect and civility.
To this end, the Pittsylvania County Board of Supervisors has adopted this Standards of Conduct
for members of the Board and of the County's boards, commissions, and committees, to assure
public confidence in the integrity of local government and its effective and fair operation.
1. Act in the Public Interest
Recognizing that stewardship of the public interest must be their primary concern, members will
work for the common good of the people of Pittsylvania County and not for any private or
personal interest, and they will assure fair and equitable treatment of all persons, claims, and
transactions coming before the Pittsylvania County Board of Supervisors, boards, commissions,
and committees.
2. Comply with the Law
Members shall comply
with the
laws
of the nation,
the Commonwealth
of Virginia,
and the
County of Pittsylvania,
Virginia,
in the
performance
of their public duties.
These laws
include,
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but are not limited to: the United States and Virginia constitutions; the Code of the County of
Pittsylvania, Virginia; laws pertaining to conflicts of interest, election campaigns, financial
disclosures, employer responsibilities, and open processes of government; and County
ordinances and policies.
3. Conduct of Members
The professional and personal conduct of members must be above reproach and avoid even the
appearance of impropriety. Members shall refrain from abusive conduct, personal charges, or
verbal attacks upon the character or motives of other members of the Board of Supervisors,
boards, commissions, and committees, the staff or public.
4. Respect for Process
Members shall perform their duties in accordance with the processes and rules of order
established by the Board of Supervisors and boards, committees, and commissions governing the
deliberation of public policy issues, meaningful involvement of the public, and implementation
of policy decisions of the Board of Supervisors by County staff.
5. Conduct of Public Meetings
Members shall prepare themselves for public issues, listen courteously and attentively to all
public discussions before the body, and focus on the business at hand. They shall refrain from
interrupting other speakers, making personal comments not germane to the business of the body,
or otherwise interfering with the orderly conduct of meetings.
6. Decisions Based on Merit
Members shall base their decisions on the merits and substance of the matter at hand, rather than
on unrelated considerations.
7. Communication
Members shall publicly share substantive information that is relevant to a matter under
consideration by the Board of Supervisors or boards, committees, and commissions, which they
may have received from sources outside of the public decision - making process.
8. Conflict of Interest
In order to assure their independence and impartiality on behalf of the common good, members
shall not use their official positions to influence government decisions in which they have a
material financial interest and shall disclose any substantial organizational responsibility or
personal or business relationship to the parties in any matter coming before them. This
paragraph is not intended to unduly restrict members who have minor business or professional
dealings with clients whose matters come before them. In accordance with the law, members
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shall disclose investments, interests in real property, sources of income, and gifts; and they shall
abstain from participating in deliberations and decision - making where conflicts my exist.
9. Gifts and Favors
A member should never accept for himself or herself or for family members, favors or benefits
under circumstances which might be construed by reasonable persons as influencing the
performance of governmental duties.
10. Confidential Information
Members shall respect the confidentiality of information concerning the property, personnel, or
affairs of the County. They shall neither disclose confidential information without proper legal
authorization, nor use such information to advance their personal, financial, or other private
interests.
11. Use of Public Resources
Members shall not use public resources
that are not available
to the public in
general, such as
County staff time, equipment, supplies, or
facilities, for private
gain or personal
purposes.
12. Representation of Private Interests
In keeping with their role as stewards of the public interest, members of the Board shall not
appear on behalf of the private interests of third parties before the Board of Supervisors or any
board, committee, commission, or proceeding of the County, nor shall members of boards,
committees, or commissions appear before their own bodies or before the Board of Supervisors
on behalf of the private interests of third parties on matters related to the areas of service of their
bodies.
13. Advocacy
Members shall represent the official policies or positions of the Board of Supervisors, boards,
commissions, or committees to the best of their ability when designated as delegates for this
purpose. When representing their individual opinions and positions, members shall explicitly
state they do not represent their body or Pittsylvania County, nor will they allow the inference
that they do.
14. Policy Role of Members
The Board of Supervisors determines the policies of the County with the advice, information,
and analysis provided by the public, boards, commissions, and committees, and County staff.
The Board of Supervisors delegates authority for the administration of the County to the County
Administrator. Members, therefore, shall not interfere with the administrative functions of the
County or the professional duties of County staff, nor shall they impair the ability of staff to
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implement Board policy decisions. Inquiries to staff shall be made through the County
Administrator or the appropriate department manager or director.
15. Independence of Board and Commissions
Because of the value of the independent advice of boards, committees, and commissions to the
public decision- making process, members of the Board of Supervisors shall refrain from using
their positions to unduly influence the deliberations or outcomes of board, committee, or
commission proceedings.
16. Positive Work Place Environment
Members shall support the maintenance of a positive and constructive workplace environment
for County employees and for citizens and businesses dealing with the County. Members shall
recognize their special role in dealings with County employees and in no way create the
perception of inappropriate direction to staff.
17. Implementation
As an expression of the standards of conduct for members expected by the County, the
Pittsylvania County Standards of Conduct is intended to be self - enforcing. Therefore, it
becomes most effective when members are thoroughly familiar with and embrace its provisions.
For this reason, ethical standards shall be included in the regular orientations for candidates for
the Board of Supervisors, applicants to boards, committees, commissions, and newly elected and
appointed officials. Members entering office shall sign a statement affirming they have read and
understood the Pittsylvania County Standards of Conduct. In addition, the Board of Supervisors,
boards, committees, and commissions, shall annually review the Standards of Conduct and the
Board of Supervisors shall consider recommendations from boards, committees, and
commissions to update it as necessary.
18. Compliance and Enforcement
The Pittsylvania County Standards of Conduct expresses standards of ethical conduct expected
of members of the Pittsylvania County Board of Supervisors, boards, committees, and
commissions. Members themselves have the primary responsibility to assure that ethical
standards are understood and met, and that the public can continue to have full confidence in the
integrity of government.
The chairs of boards, committees, and commissions and the Chairman of the Board of
Supervisors have the additional responsibility to intervene when actions of members that appear
to be in violation of the Standards of Conduct are brought to their attention.
standards, As allowed by law, the Beafd of 8 1 1 . Pose sanctions and fines on members whose
Page 10 of 11
Re
A violation of this Standards of Conduct shall not be considered a basis for challenging the
validity of a Board of Supervisors, board, committee, or commission's decision.
!
AO
M.
A violation of this Standards of Conduct shall not be considered a basis for challenging the
validity of a Board of Supervisors, board, committee, or commission's decision.
ARTICLE VIII. Amendments and Adoptions.
8.1. Amendments to these By -Laws, Rules of Procedure, and Standards of Conduct may be
made at any meeting of the board by a majority vote of the Board present, after a notice of intent
to amend has been given to each Board member not less than ten (10) days prior to such meeting
and after a duly advertised and conducted public hearing on said amendment(s).
8.2. Adoption of the By -Laws and procedures shall be by simple majority vote of the Board and
shall be in force and effect on the day after their passage.
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ARTICLE VIII. Amendments and Adoptions.
8.1. Amendments to these By -Laws, Rules of Procedure, and Standards of Conduct may be
made at any meeting of the board by a majority vote of the Board present, after a notice of intent
to amend has been given to each Board member not less than ten (10) days prior to such meeting
and after a duly advertised and conducted public hearing on said amendment(s).
8.2. Adoption of the By -Laws and procedures shall be by simple majority vote of the Board and
shall be in force and effect on the day after their passage.
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